Sorry - annoying I864 questions!

[dzatlien 1]

Hi everyone, I'm filling out the I864. I'm the USC and i've received a letter from my new employer in the US, as well as emails from the relocation department. I have a drivers license, credit card, and investments registered to my parents' address in Michigan, and i'm trying to locate a voter's registration card. After reading through this forum I'm still a little confused about this form. I'm hoping for some help on these questions:

1. On the first page, in part 2.a (either of Part 1 or Part 2, it's not clear), it asks for a "Mailing Address". Should this by my UK or a US mailing address?

2. On page 3 it asks for the "Sponsor's Mailing Address". I believe this should be a US address, right?

3. On page 3 it asks for the "Sponsor's Place of Residence". This can be the UK address, right?

4. On page 3 under "Other Information" it has a (4) "Country of Domicile". This should be US - but can the phone number be my UK number or should that be my parent's US number?

5. Part 6, (1) Employment: this should this be my current UK Employment info, not my prospective employment starting next month in the states?

6. Part 6, question 5. This should be my UK income, and not what my US income will be, correct?

7. Part 6, question 13.a.1. I have a question about my Total Income on my taxes. I have a higher income that, when filed, gets adjusted to a much lower number (after taking the Foreign Earned Income Exclusion). On the form it says to include what was in the "adjusted gross income on IRS Form 1040EZ) as reported in Federal tax returns. But I completed a 1040, not the 1040EZ. And in the instructions that go along with the I-864 under section 7 it says that "For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040EZ, the line for adjusted gross income will be considered." So does this mean that I should use the higher number or the adjusted, lower number? The only issue is that on my Tax transcript I received from the IRS has the lower number and makes no mention of the higher number. Which number should i use

8. Do you think it's worth adding more Assets to Supplement Income?

Thanks! Any advice would be greatly appreciated.

Daniel

[lost_at_sea 995]

We've put US addresses in all address fields. I'll tell you tomorrow if that was a horrible mistake! Erg! We're not claiming to be re-establishing domicile tho - rather that it was never abandoned.

To be honest, all the US tax stuff loses me, so I let my husband work it out. Nich-Nick is pretty good at this stuff, though.

On the topic of assets, though - it says they're really optional. We haven't mentioned any (even though they'd be enough alone to cover the lot). It seemed to me it would make it more complicated. I'd do them if your salary looks borderline or is there a chance they'll be iffy about your job being new?

BTW, your re-domicile stuff looks good! Yay for new jobs!

[lost_at_sea 995]

I just went back to look at ours. I should put MY UK address for Part 2, huh? I've put the place we will be living at in the US.

Which only barely makes sense (if I put UK), since wouldn't that mean I'd immediately have to send a change of address notification the second I get off the plane?

Now I'm really worried I've done that wrong again.

Edited July 15, 2013 by lost_at_sea

[KayDeeCee 4,893]

7. Part 6, question 13.a.1. I have a question about my Total Income on my taxes. I have a higher income that, when filed, gets adjusted to a much lower number (after taking the Foreign Earned Income Exclusion). On the form it says to include what was in the "adjusted gross income on IRS Form 1040EZ) as reported in Federal tax returns. But I completed a 1040, not the 1040EZ. And in the instructions that go along with the I-864 under section 7 it says that "For purposes of this affidavit, the line for gross (total) income on IRS Forms 1040 and 1040A will be considered when determining income. For persons filing IRS Form 1040EZ, the line for adjusted gross income will be considered." So does this mean that I should use the higher number or the adjusted, lower number? The only issue is that on my Tax transcript I received from the IRS has the lower number and makes no mention of the higher number. Which number should i use

8. Do you think it's worth adding more Assets to Supplement Income?

The form asks for total income and lists adjusted gross income for the 1040EZ in parentheses. For only the 1040EZ it is AGI. Everyone else must list total income Total income can be found on line 22 of the 1040 or on page 2 of the IRS tax return transcript at the end of the 'Income' section.

If your income alone meets the 125% requirement, then no need to use assets. If you need to make up for a shortcoming in your income, then follow the I-864 form instructions about how to use assets.

[lost_at_sea 995]

I just went back to look at ours. I should put MY UK address for Part 2, huh? I've put the place we will be living at in the US.

Which only barely makes sense (if I put UK), since wouldn't that mean I'd immediately have to send a change of address notification the second I get off the plane?

Now I'm really worried I've done that wrong again.

btw, I've almost totally lost my mind, so I've done the form both ways - one with my address UK, one with my address US and they can take the one that's right because I no longer know things.

[dzatlien 1]

THanks, Jay-Kay,

But line 22 on my 1040 is the lower number. Line 7 ("Wages, Salaries, Tips, etc.") is the higher number. And that lower number is the same number at the end of my "Total Income" section.

Because under "Other Income" (in line 21 of 1040, and in the transcript) i have a negative number for the Foreign Earned Income Exclusion.)

Wondering if I should still put the higher number - or will we be penalized at the visa interview?

I'm confused!

[newacct 688]

THanks, Jay-Kay,

But line 22 on my 1040 is the lower number. Line 7 ("Wages, Salaries, Tips, etc.") is the higher number. And that lower number is the same number at the end of my "Total Income" section.

Because under "Other Income" (in line 21 of 1040, and in the transcript) i have a negative number for the Foreign Earned Income Exclusion.)

Wondering if I should still put the higher number - or will we be penalized at the visa interview?

I'm confused!

So that's the number you should put. The number is not what counts. It's the current income that counts.

[dzatlien 1]

Sorry, just to be absolutely clear, you mean I should put the lower number, not the higher number. Right?

[KayDeeCee 4,893]

You put the total income number it asks for. It does not matter what that number is. You cannot change what the total income amounts are from your past tax returns, and you cannot choose another line instead because you like that amount better. You put what the form and instructions ask for, period.

[dzatlien 1]

OK, I have a question - if Current Income is what counts, should I be putting the income of my NEW JOB staring next month in Part 6? Or should I be putting the current income of the job I have now in London until I move?

[dzatlien 1]

My issue for Total Income is that it's below the poverty guidelines for 2011 and 2012 after I subtract the Foreign Earned Exception. Won't that raise a red flag? Perhaps I do need a lawyer for this!

[KayDeeCee 4,893]

There is nothing you can do about it being below the requirement for those past years. That is your total income from the tax returns and that is what the I-864 is asking for. If you want them to see the full picture of your past returns, then include transcripts for the last 3 years instead of just the most recent.